Tanveer Ahmad v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15299 of 2023 Applicant :- Tanveer Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Riyaz Ahmad,Hemant Kumar Pandey,Osama Syed Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Riyaz Ahmad, learned counsel for the applicant, Sri J.S. Tomar, learned A.G.A.-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 382 of 2021, under Sections 419, 420, 467, 468, 471, 506, 120-B I.P.C., registered at Police Station Wazirganj, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.11.2021 against three persons, not including the applicant and some other persons alleging that the informant had purchased a plot of land through a sale deed dated

06.11.2019 from one of the named accused persons Kallu, but subsequently she came to know that the land in question was mortgaged with Punjab National Bank.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. The applicant's involvement in 19 other cases has been disclosed in para 36 of the affidavit by attaching a chart therewith.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the F.I.R. and during investigation he has been implicated alleging his involvement in conspiracy for commission of the offence without assigning any specific role; that the applicant has no previous criminal history and he is languishing in jail since 09.08.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Tanveer Ahmad be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 22.12.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench